- 1 - HC-KAR NC: 2026:KHC-D:2408 WP No. 106758 of 2024 AND CONNECTED MATTERS IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 17TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 106758 OF 2024 (S-RES) C/W WRIT PETITION NO. 107024 OF 2024 (S-DIS) WRIT PETITION NO. 107058 OF 2024 (S-RES) WRIT PETITION NO. 101113 OF 2026 (S-RES) IN WP No. 106758/2024: BETWEEN: SHRI. SIDDAPPA S/O. SATAPPA SANADI, AGE. 26 YEARS, OCC. NIL, R/O. JODAKURLI, TQ. CHIKODI, DIST. BELAGAVI-591213. …PETITIONER (BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S. BUILDING, VIDHAN SOUDHA, BENGALURU-560001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER, DC COMPOUND, BELAGAVI-590001. 3. THE ASSISTANT COMMISSIONER, CHIKODI, TQ. CHIKODI, DIST. BELAGAVI-591201. 4. THE TAHASILDAR AND TALUKA EXECUTIVE MAGISTRATE, TQ. CHIKODI, DIST. BELAGAVI-591201. GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.20 11:36:25 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2408 WP No. 106758 of 2024 AND CONNECTED MATTERS 5. LAXMAN S/O. KOTYAPPA SANADI, AGE. 25 YEARS, OCC. NIL, R/O. SANADI THOT, JODAKURLI, TQ. CHIKODI, DIST. BELAGAVI-591213. …RESPONDENTS (BY SMT. NANDINI B. SOMAPUR, AGA FOR R1 TO R4; SRI. K.ANAND KUMAR, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 07/11/2024 PASSED BY RESPONDENT NO.4 BEARING NO.KRA.VATAN/ GRA.SA.NE/VI VA-02/2024-25 VIDE ANNEXURE-A; ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NO.4 TO APPOINT THE PETITIONER TO THE POST OF VILLAGE ASSISTANT AS NOTIFIED UNDER THE NOTIFICATION DATED 17/09/2024 BEARING NO.KRA.VATAN/GRA.SA.NE/VI VA-02/2024-25 VIDE ANNEXURE-B; AND ETC. IN WP NO. 107024/2024: BETWEEN: LAKSHMANA KADAPPA SANADI AGE. 45 YEARS, OCC. NIL, R/O. JODAKURALI, TAL. CHIKODI, DIST. BELAGAVI-591213. ...PETITIONER (BY SRI. SHARAD M. PATIL, ADVOCATE) AND: 1. THE EXECUTIVE OFFICER TALUK PANCHAYAT, CHIKODI BELAGAVI-591201. 2. GRAM PANCHAYAT OFFICE JODAKURALI, BELAGAVI, REPRESENTED PANCHAYAT DEVELOPMENT OFFICER, TQ. CHIKODI, DIST. BELAGAVI-591213. - 3 - HC-KAR NC: 2026:KHC-D:2408 WP No. 106758 of 2024 AND CONNECTED MATTERS 3. THE GRAM PANCHAYAT JODAKURALI BELAGAVI REPRESENT BY ITS PRESIDENT SAROJINI BHARMA KAMBLE, TQ. CHIKODI, DIST. BELAGAVI-591213. 4. THE TASHILDAR CHIKODI-591201. ...RESPONDENTS (BY SRI. V. SHIVARAJ HIREMATH, ADVOCATE FOR R2 AND R3; SMT. NANDINI B. SOMAPUR, AGA FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER 18-04-2024 PASSED BY THE 4TH RESPONDENT BEARING GRA/SA.VI VA.01/ 2023-2024 VIDE ANNEXURE-B AND ALSO THE NOTIFICATION DATED. 17-09-2024 PASSED BY THE 4TH RESPONDENT BEARING NO. VATAN/GRA.SA.NE/VIVA-02/2024-2025 VIDE ANNEXURE-C; ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED. 09-07-2024 TO RE-INSTATE THE PETITIONER FOR SERVICE VIDE ANNEXURE-D; AND ETC. IN WP NO. 107058/2024: BETWEEN: LAKSHMANA KADAPPA SANADI AGE. 45 YEARS, OCC. NIL, R/O. JODAKURALI, TAL. CHIKODI, DIST. BELAGAVI-591213. ...PETITIONER (BY SRI. SHARAD M.PATIL, ADVOCATE) AND: 1. THE TASHILDAR CHIKODI-591201. 2. THE EXECUTIVE OFFICER TALUK PANCHAYAT, CHIKODI BELAGAVI-591201. - 4 - HC-KAR NC: 2026:KHC-D:2408 WP No. 106758 of 2024 AND CONNECTED MATTERS 3. GRAM PANCHAYAT OFFICE JODAKURALI, BELAGAVI, REPRESENTED PDO-591213. 4. THE GRAM PANCHAYAT JODAKURALI BELAGAVI REPRESENT BY ITS PRESIDENT SAROJINI BHARMA KAMBLE-591213. 5. LAXMAN KOTYAPPA SANDAI AGE. 26 YEARS, OCC. AGRICULTURE, R/O. JODAKURALI, TAL. CHIKODI, DIST. BELAGAVI-591213. ...RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA FOR R1; SRI. V.SHIVARAJ HIREMATH, ADVOCATE FOR R2 AND R3; SRI. K.ANAND KUMAR, ADVOCATE FOR R5; NOTICE TO R4 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER 07/11/2024 PASSED BY THE 1ST RESPONDENT BEARING KRAVATANA/ GRA.SA.NE/VIVA-02/2024-2025 DATED 07/11/2024 VIDE ANNEXURE-E; AND ETC. IN WP NO. 101113/2026: BETWEEN: SHIVANAND S/O. BEERAPPA HARAKE, AGED ABOUT 29 YEARS, OCC. NIL, R/O. JODAKURLI, TQ. CHIKODI, DIST. BELAGAVI-591213. ...PETITIONER (BY SRI. SADIQ N. GOODWALA, ADVOCATE) - 5 - HC-KAR NC: 2026:KHC-D:2408 WP No. 106758 of 2024 AND CONNECTED MATTERS AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENTT OF REVENUE, M.S. BUILDING, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, BELAGAVI, DIST. BELAGAVI-590001. 3. THE ASSISTANT COMMISSIONER, CHIKODI, TQ. CHIKODI, DIST. BELAGAVI-591201. 4. THE TAHSILDAR CHIKODI TQ. CHIKODI, DIST. BELAGAVI-591201. 5. LAXMAN S/O. KOTYAPPA SANADI, AGE. 25 YEARS, OCC. NIL, R/O. SANADI THOT JODAKURLI, TQ. CHIKODI, DIST. BELAGAVI-591213. ...RESPONDENTS (BY SMT. NANDINI B. SOMAPUR, AGA FOR R1 AND R4; SRI. V. SHIVARAJ HIREMATH, ADVOCATE FOR R2 AND R3; SRI. K.ANAND KUMAR, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED ORDER DATED 07-11-2024 PASSED BY THE 4TH RESPONDENT BEARING NO. KAR:VATAN/GRA.SA.NE/VI VA- 02/2024-25 VIDE ANNEXURE-A; ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NO.4 TO APPOINT THE PETITIONER TO THE POST OF VILLAGE ASSISTANT AS NOTIFIED UNDER THE NOTIFICATION DATED 17-09-2024 VIDE ANNEXURE –C; AND ETC. THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S.HEMALEKHA - 6 - HC-KAR NC: 2026:KHC-D:2408 WP No. 106758 of 2024 AND CONNECTED MATTERS ORAL COMMON ORDER 1. These writ petitions arise out of the appointment to the post of Village Assistant in Jodakurli Village, Chikodi Taluk, Belgavi District and challenge (i) the order of dismissal dated 18.04.2024 and (ii) subsequent appointment order dated 07.11.2024. 2. Since all the writ petitions arise out of the same appointment and interconnected facts, they are heard together and disposed of by this common order. 3. The petitioner in W.P. No.107024/2024 and W.P. No.107058/2024 was appointed as Village Assistant in the year 2004 and was serving in Jodakurli Gram Panchayath. 4. W.P.No.106758/2024 and W.P. No.100113/2026 also challenge the very same appointment order dated 07.11.2024 on the ground of ineligibility of respondent No.5. - 7 - HC-KAR NC: 2026:KHC-D:2408 WP No. 106758 of 2024 AND CONNECTED MATTERS 5. The petitioner in W.P.No.107024/2024 and W.P. No.106758/2024 was appointed as a Village Assistant in the year 2004 and was working in Jodakurali Village Grama Panchayat. It is the case of the petitioner that he was deputed for Lok Sabha election duty in 2024, owing to illness and hospitalization, he could not attend election duty. By order dated 18.04.2024, he was dismissed from service, without issuance of charge memo, without holding any enquiry, and without affording an opportunity of hearing. 6. Subsequently, a fresh notification dated 17.09.2024 was issued to fill up the post of Village Assistant, and by order dated 07.11.2024, respondent No.5 was appointed to the said post. The petitioner in W.P. No.107058/2024, who is the same petitioner in W.P.No.107024/2024, challenges the appointment dated 07.11.2024, contending that the dismissal itself was illegal and that the appointment was made - 8 - HC-KAR NC: 2026:KHC-D:2408 WP No. 106758 of 2024 AND CONNECTED MATTERS without considering the grievance of the dismissed petitioner and during the pendency of proceedings. 7. The petitioners in W.P. No.106758/2024 and W.P. No.100113/2026 independently challenge the appointment order dated 07.11.2024 on the ground that respondent No.5 was ineligible on account of age, as he had not completed 25 years as on the cut- off date. 8. Learned counsel for the petitioner in W.P.Nos.107024 and 107058 of 2024 contends that the dismissal order dated 18.04.2024 is illegal and in violation of the principles of natural justice. It is submitted that no charge memo was issued, no enquiry was conducted, and no opportunity of hearing was afforded. Since dismissal is a major penalty, it cannot be imposed without following due process. Consequently, the subsequent appointment dated - 9 - HC-KAR NC: 2026:KHC-D:2408 WP No. 106758 of 2024 AND CONNECTED MATTERS 07.11.2024 is unsustainable as it is founded on an illegal dismissal. 9. Learned counsel appearing for the petitioners in the other connected writ petitions submits that respondent No.5 did not satisfy the age criteria as on the relevant date and that the appointment is contrary to the terms of the notification. It is further contended that the petitioners therein had secured higher S.S.L.C. marks and that the selection of respondent No.5 is arbitrary and contrary to the notification. 10. Per contra, learned counsel appearing for respondent No.5 sought to justify the appointment and submits that the dismissal of the petitioner in W.P.No.107024/2024 was justified on account of his failure to attend election duty and for not producing satisfactory proof of hospitalization. It is further contended that the appointment of respondent No.5 - 10 - HC-KAR NC: 2026:KHC-D:2408 WP No. 106758 of 2024 AND CONNECTED MATTERS was made pursuant to the notification and after following due procedure. 11. This Court has carefully considered the rival submissions and perused the material on record. 12. Dismissal from service entails serious civil consequences. It is a well-settled principle that such a major penalty cannot be imposed without adhering to the principles of natural justice. In the present case, admittedly, only a show-cause notice was issued. No charge memo was framed, no regular enquiry was conducted, and no opportunity of personal hearing was afforded to the petitioner. The impugned order of dismissal dated 18.04.2024 is in clear violation of the principles of natural justice, and the principle of audi alteram partem squarely applies to the present case. 13. Even assuming that the petitioner failed to attend election duty or did not produce adequate proof of - 11 - HC-KAR NC: 2026:KHC-D:2408 WP No. 106758 of 2024 AND CONNECTED MATTERS hospitalization, it was incumbent upon the authority to hold a proper enquiry before imposing penalty of dismissal. The failure to do so render the dismissal order dated 18.04.2024 unsustainable in law, as being in clear violation of the principles of natural justice. 14. Accordingly, the dismissal order dated 18.04.2024 is liable to be quashed. Once the dismissal order is set aside, the petitioner is entitled to reinstatement in service. Consequently, the vacancy against which respondent No.5 was appointed ceases to exist. Therefore, the appointment order dated 07.11.2024 cannot be sustained. 15. In view of the above, this Court pass the following: ORDER i. W.P.Nos.107024/2024 and 107058/2024 are allowed. - 12 - HC-KAR NC: 2026:KHC-D:2408 WP No. 106758 of 2024 AND CONNECTED MATTERS ii. The impugned order dated 18.04.2024 dismissing the petitioner from the post of Village Assistant is hereby quashed. iii. The petitioner shall be reinstated into service with continuity of service. However, liberty is reserved to the respondent-authorities to initiate disciplinary proceedings, if so advised, in accordance with law. iv. The appointment order dated 07.11.2024 appointing respondent No.5 to the post of Village Assistant is hereby quashed. In view of the above, W.P.Nos.106758/2024 and 101113/2026 stand disposed of accordingly. Sd/- JUSTICE K.S.HEMALEKHA gab Ct:VH List No.: 1 Sl No.: 3